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2014 Supreme(MP) 1593

K.K.TRIVEDI
Sangeeta Bansal – Appellant
Versus
State of M. P. – Respondent


Advocates Appeared:
For the Petitioner: Rajendra Tiwari, Learned Senior Counsel and Manikant Sharma, Learned Counsel.
For the Respondents:R.P. Tiwari, Learned Govt. Advocate.

JUDGMENT :

K.K. Trivedi, J.

1. This writ petition take exception to the order dated 09.09.2014 passed by the respondent No. 2 as also the final order dated 25.09.2014 passed by the respondent No. 1 accepting the proposal made for recall of the petitioner as President of the Municipal Council, Harda. Undisputedly the petitioner was elected as President of the said Municipal Council and such election was notified in the year 2011. The Municipal Council, Harda consists of 30 wards and 30 members have been elected as Councillors. Such notification of election was issued on 9th November, 2011 in the M.P. Gazette (Extraordinary).

2. It is the contention of the petitioner that in terms of Section 47 of the Madhya Pradesh Municipalities Act, 1961 (herein after referred to as 'Act'), a proposal was made by 23 Councillors before the Collector for recall of the petitioner. The fact stated in the said application/proposal was that the manner of working of the petitioner was not in the interest of the Municipal Council and, therefore, such proposal was made. It is contended by the petitioner that in fact the strength of 23 elected Councillors was short of three-fourth elected Councillors of the Mu



























































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